Douglas E. Kahle and Barbara W. Kahle - Page 7

                  The bill provides that the debt discharge amount thus                               
                  excluded from income is applied to reduce the                                       
                  taxpayer's net operating losses and certain other tax                               
                  attributes * * *. [S. Rept. 96-1035 (1980), 1980-2 C.B.                             
                  620, 624.]                                                                          
            See also H. Rept. 96-833, 12 (1980).                                                      
                  Moreover, section 108(d)(8) was enacted at the same time as                         
            the reduction provisions of section 108(b)(1) and (2).  The same                          
            Congress that wanted to reduce tax attributes as a price for tax-                         
            free debt discharge was quite aware of who would be doing the                             
            reducing--the estate, not the individual.                                                 
                  Finally, if petitioners were correct, the debtor-taxpayer                           
            would receive a windfall, a result which simply does not fit the                          
            statutory scheme.  As the Court of Appeals for the Sixth Circuit                          
            has stated in Firsdon v. United States, 95 F.3d 444, 447 (6th                             
            Cir. 1996) (a case in which the Government prevailed on the issue                         
            involved herein):                                                                         
                        Section 108(b) of the I.R.C. provides that any                                
                  amount excluded from gross income under � 108(a) "shall                             
                  be applied to reduce the tax attributes of the                                      
                  taxpayer," including NOLs.  The obvious reason for this                             
                  provision is to prevent bankrupt debtors from procuring                             
                  a double benefit from the tax laws--a tax-free                                      
                  cancellation of debt plus favorable tax attributes from                             
                  the bankrupt estate.  * * *                                                         
                  Petitioners do not argue that any of the 1990 NOL would                             
            remain after discharge, and in fact appear to concede on brief                            
            that the NOL ultimately would have been eliminated by operation                           
            of section 108(b)(2)(A) and (3).  This concession comports with                           
            the reality of the circumstances.  The NOL in question in this                            
            case was in the amount of $136,773.  Mr. Kahle appears to have                            
            had liabilities of over $84 million.  It is true that Mr. Kahle                           



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